Education
With regard to the arrest of seven SGB members of the Western Cape Sport School for fraud and corruption of over R3 million:
(1) Whether her Department has funded the Western Cape Sport School in the period 2016 to 2021; if so, what are the relevant details;
(2) whether her Department has taken any (a) corrective measures and (b) measures to recuperate the funds lost due to corruption at the Western Cape Sport School; if not, why not; if so, what are the relevant details;
(3) whether there have been any forensic investigations conducted into the financial mismanagement at the Western Cape Sport School in the period 2014 to 2021; if not, why not; if so, (a) what are the relevant details and (b) what were the findings of the investigations;
(4) whether there are any measures in place to prevent fraud and corruption by SGBs at schools; if not, why not; if so, what are the relevant details?
(1) Yes, the school received WCED Norms and Standard Allocations.
(2) (a) The following corrective actions were taken based on the Provincial Forensic Services (PFS) report recommendations:
• The School Governing Body’s (SGB) Finance and Supply Chain functions were revoked on 28 November 2019 by the Head of Department and the full dissolution of the SGB occurred on 10 March 2020.
• An interim SGB comprising District officials was put in place to manage Governance matters.
• Progressive discipline measures were instituted against the acting principal, however he resigned before appearing.
• The Finance Policy was revised in its entirety and brought on par with the PFMA – overseen and operationalised by WCED Corporate staff and Interim SGB members of Western Cape Sports School (WCSS).
(b) Action to recuperate the funds stolen was taken. This includes the approximately R3.4 million from a security company (owned by the previous SGB Chairperson), as well as R 150 000 illegally transferred via EFT.
(3) During September 2017, the Metro East Education District Office referred allegations of financial mismanagement and procurement irregularities involving a security service provider at the School to PFS. The allegations were assessed and registered with PFS.
The district report contained the following allegations:
• A security tender was irregularly awarded to a security company which is owned by the School Governing Body (SGB) Chairperson at the time. The awarding of the tender was not supported by SGB minutes;
• The appointment of attorneys and bookkeeping services was not supported by SGB minutes;
• Rental income from the hire of the school track was allegedly paid to the former Facilities Manager and SGB Secretary. The income was not receipted and/or disclosed in the School’s financial statements. Rental in respect of the hall was also not disclosed in records;
• Suspicious invoices (on the school’s letterhead) were identified. Income from the rental of school facilities is suspected to be deposited into this suspicious bank account;
• Various non–compliance findings and transgressions of financial prescripts involving the dysfunction of the SGB are highlighted.
PFS investigated the allegations put forward by the district office and made the following findings and recommendations:
1. The Directorate: Employee Relations to institute disciplinary action against the acting principal for failing to perform his functions and responsibilities in terms of Section 16 A (2)(f) and (h) of SASA.
2. The district office to implement the following recommendations.
• Determine if the former SGB Chairperson is eligible to serve on the SGB considering he has served as an SGB member for three consecutive terms and served as the SGB Chairperson for two of these terms; furthermore, to determine if due process was followed to elect him.
• Determine whether there are sufficient grounds to direct the SGB in terms of paragraph 22 of the Code of Conduct for members of SGBs of public schools in the Western Cape promulgated on 13 April 2012, to take action against the former SGB Chairperson in view of possible contraventions of section 26 and 31 of the SASA and the said Code of Conduct.
• To advise the school to terminate the services of the security company forthwith.
• That a permanent appointment of a principal is made to ensure effective school leadership and management as there had been an acting principal since July 2016 to date.
• That the appointment of the Facilities Manager must be verified to determine if a fair and transparent recruitment and selection process was followed.
• That the School review and approve its Financial Policy to address compliance with legislation and prescripts as well as conflict of interest. The Policy should clearly outline the obligations on all functionaries (educators, non-educators, the SGB and its sub-committees) involved in the procurement process to identify and report conflicts of interest and to subject them to ongoing monitoring. The Policy should also identify steps to be taken to address the risk of conflicts of interest in relation to employees and SGB members. The SGB and its sub-committees (FINCOM, Procurement Committee, Ex-Officio member/s, etc.) should sign a declaration of interest form in respect of each procurement process to avoid similar occurrences in future.
• The school should implement a tracking system to accurately monitor and verify the cost charged by an identified company.
3. The PFS to report transgressions to the South African Police Service. (The PFS reported the criminal case to the South African Police Service.)
4. Civil action taken: The recovery of the amounts paid to the security company in respect of security services, amounting to R3 289 950.00 which resulted from the irregular awarding of a security contract for the period 2017- 2018 to date will be reported to Legal Services in the Department of the Premier for further handling and to further advise the Department.
(4) Various interventions and corrective measures were put in place by the district to prevent fraud and corruption. In addition, the circuit manager is monitoring and supporting the newly elected governing body. The SGB was trained on fraud and corruption awareness which included:
• enabling the SGB and principal to identify fraud, corruption and theft;
• Focus on prevention, detection and response;
• Report fraud and corruption; and
• Ensure that SGBs declare their personal interest to prevent any future occurrence of procurement irregularities happening at the schools.